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Appeals Court Overturns Murder Conviction

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: February 22, 2008

TAMPA – A state appeals court today overturned the second conviction of Michael Mordenti, who has repeatedly professed his innocence in the 1989 murder-for-hire of Thelma Royston at her Odessa ranch.

Mordenti was sentenced to death in 1991 after his first trial. The state Supreme Court overturned the verdict, saying key pieces of testimony were withheld from the jury.

A second trial in May 2005 ended with a hung jury. Then prosecutors dropped their bid for capital punishment and Mordenti, 66, was convicted and sentenced to life in prison.

Now, a divided 2nd District Court of Appeals has found that the third trial likewise was flawed.

It was unclear this afternoon whether Mordenti will receive a fourth trial or if prosecutors will appeal to the state Supreme Court. Pam Bondi, spokeswoman for the Hillsborough State Attorney's Office, said the office "will review all of our options."

Prosecutors maintain Mordenti agreed to take $10,000 from the victim's husband to shoot and stab her. Larry Royston committed suicide the day before he was to go to trial.

The main evidence against Mordenti was the testimony of his former wife, Gail Milligan, who said Larry Royston approached her about investing in a business deal. Milligan said Royston told her his money was tied up in a bad divorce and he needed someone to kill his wife.

Milligan claimed she asked Mordenti and he agreed to do it. Milligan received immunity from prosecution.

In overturning the first conviction, the state's highest court held that prosecutors had failed to reveal information about a possible relationship between Larry Royston and Milligan.

Evidence related to Milligan's credibility was also at the center of today's ruling. The court ruled that the trial judge erred when she refused to allow testimony from Larry Royston's attorney about an incident in which Larry Royston first saw Mordenti in court. According to the ruling, Larry Royston blurted out to his attorney, John Trevena, "That's not the guy," or "That's not him."

"This statement, as well as others, was not discovered until after Royston committed suicide shortly before his trial," the court wrote, adding in a footnote, "Suppose Mordenti had been executed following his first conviction and sentenced before this information was revealed by the state? What confidence would the public have in the criminal justice system?"

When Mordenti was sentenced in August 2005, Mordenti shook his head in disbelief, telling Judge Barbara Fleischer, "You still have the wrong person… I didn't do this crime."

"The system is not perfect," Fleischer responded. "You've certainly had extraordinary legal counsel ... This jury spoke and found you guilty."

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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